42 U.S. Code § 7619 - Air quality monitoring

(a) In generalAfter notice and opportunity for public hearing, the Administrator shall promulgate regulations establishing an air quality monitoring system throughout the United States which—

(1)

utilizes uniform air quality monitoring criteria and methodology and measures such air quality according to a uniform air quality index,

(2)

provides for air quality monitoring stations in major urban areas and other appropriate areas throughout the United States to provide monitoring such as will supplement (but not duplicate) air quality monitoring carried out by the States required under any applicable implementation plan,

(3)

provides for daily analysis and reporting of air quality based upon such uniform air quality index, and

(4)

provides for recordkeeping with respect to such monitoring data and for periodic analysis and reporting to the general public by the Administrator with respect to air quality based upon such data.

The operation of such air quality monitoring system may be carried out by the Administrator or by such other departments, agencies, or entities of the Federal Government (including the National Weather Service) as the President may deem appropriate. Any air quality monitoring system required under any applicable implementation plan under section 7410 of this title shall, as soon as practicable following promulgation of regulations under this section, utilize the standard criteria and methodology, and measure air quality according to the standard index, established under such regulations.

(b) Air quality monitoring data influenced by exceptional events

(1) Definition of exceptional eventIn this section:

(A) In generalThe term “exceptional event” means an event that—

(i)

affects air quality;

(ii)

is not reasonably controllable or preventable;

(iii)

is an event caused by human activity that is unlikely to recur at a particular location or a natural event; and

(iv)

is determined by the Administrator through the process established in the regulations promulgated under paragraph (2) to be an exceptional event.

(B) ExclusionsIn this subsection, the term “exceptional event” does not include—

(i)

stagnation of air masses or meteorological inversions;

(ii)

a meteorological event involving high temperatures or lack of precipitation; or

(iii)

air pollution relating to source noncompliance.

(2) Regulations

(A) Proposed regulations

Not later than March 1, 2006, after consultation with Federal land managers and State air pollution control agencies, the Administrator shall publish in the Federal Register proposed regulations governing the review and handling of air quality monitoring data influenced by exceptional events.

(B) Final regulations

Not later than 1 year after the date on which the Administrator publishes proposed regulations under subparagraph (A), and after providing an opportunity for interested persons to make oral presentations of views, data, and arguments regarding the proposed regulations, the Administrator shall promulgate final regulations governing the review and handling or [1] air quality monitoring data influenced by an exceptional event that are consistent with paragraph (3).

the principle that protection of public health is the highest priority;

(ii)

the principle that timely information should be provided to the public in any case in which the air quality is unhealthy;

(iii)

the principle that all ambient air quality data should be included in a timely manner,[2] an appropriate Federal air quality database that is accessible to the public;

(iv)

the principle that each State must take necessary measures to safeguard public health regardless of the source of the air pollution; and

(v)

the principle that air quality data should be carefully screened to ensure that events not likely to recur are represented accurately in all monitoring data and analyses.

(B) RequirementsRegulations promulgated under this section shall, at a minimum, provide that—

(i)

the occurrence of an exceptional event must be demonstrated by reliable, accurate data that is promptly produced and provided by Federal, State, or local government agencies;

(ii)

a clear causal relationship must exist between the measured exceedances of a national ambient air quality standard and the exceptional event to demonstrate that the exceptional event caused a specific air pollution concentration at a particular air quality monitoring location;

(iii)

there is a public process for determining whether an event is exceptional; and

(iv)

there are criteria and procedures for the Governor of a State to petition the Administrator to exclude air quality monitoring data that is directly due to exceptional events from use in determinations by the Administrator with respect to exceedances or violations of the national ambient air quality standards.

(4) Interim provisionUntil the effective date of a regulation promulgated under paragraph (2), the following guidance issued by the Administrator shall continue to apply:

(A)

Guidance on the identification and use of air quality data affected by exceptional events (July 1986).

2005—Pub. L. 109–59 designated existing provisions as subsec. (a), inserted heading, substituted “After notice and opportunity for public hearing” for “Not later than one year after August 7, 1977, and after notice and opportunity for public hearing”, and added subsec. (b).